August 1, 1949

Mrs. Ella Mae**Murphy** ODinion No, v-w9 Vice-President - - State Board of Hairdressers Re: and Cosmetologists Austin, Texas

Dear MrbeMurphy: The legality of licensing a portable barber and beauty service which does not have a permanent buslness location.
Reference is madeto your recent request which reads in part as follows:

RPlease advise this department as soon as possible if wewould be within the law ln licensing the Southwest Portable Barber and Beauty Service Companyto operate a unit such as desaribed fn the attached aircular.

“The address given on the application reads ‘Dellas hospitals and hotels’ and the question on the application blank as to approximate floor space of the shop was answered ‘portable, on wheels O1w Sections 10 (a) and 14 (c) of Article 734b, V.P.C0, provide in part as follows:

“Sec. 10. (a) 0a . It shall be nnlawstul ror a person, firm or corporation to operate a beauty shop or a beauty school as derined in this Act unless the sameis a bona fide establishment with apermanent and definite location -completely and permanentlv separated by md walls with no openings from rooms used wholly or in part for residential or sleeping purposes. . . 0n

“Sea. 14, (0) The establishment of ’ ltinerant shops is hereby expressly prohibited, and it shall be unlawful for any person, flnn or corporation to operate a beauty shop as defined in this Act, unless the sameis a bonaYraoElla liae Murphy, page 2 (V-869)

lksbent .wlith+.a.

permanent and aerAny+teusc graqtfid onde~. 1 tew of tfiis’ht ‘&hall pemft the licen-

.’ see to practice in only such-bona tide established bearty shop; O

. em(Emphasfs added.1 Is believe under the plain provlslons of the above quoted aeations, that bsrore **an** applicant oan **be** granted a l’ioense to operate a beauty shop, he **rust** show she Board that he has i p’erranent anh defiiita loeatLon--,,, for suoh shop. This provlaion has remained Pnthe St+t~- utas unchanged since 1933. There are several ra@sons whysuoh a requirement is made, one of which Pain order that the state Board of Cosmetologists mayfnspeot saPd looation to see it it conforms to-the sanitary- rules ~ti regulations saoh as proper rentilation,lPshtPng and ~Eain8 ph; ;;$ cold water, as well as the other provfsfons OF

0 Also, if there were no definite and permaneht location for beauty shops, the State Pnspeotors aould never **make** proper inspections as required **by** law. lforaover, to permit such a practice would amoant to nothPly more than the licensing or an itinerant shop, whioh i~i expressly prohibited under the plain provisions of th* Aot. It is apparent fram the applicant’s applioatloa that he does not have a permanent and definite looatlbn.

In view of the foregoing, we agree with roar oonolusions that the State Board or Cosmetologists Ps not authorized **to fssae**  **a** license to **operate** a beauty shop where the applPcant has no penuanent and defPnite loohtion.

Section 18 of Art. 734b, V.P.C. e prorfdes fh part that:

“Provided, further, that nothing in this Act shall prohibit a person lioensed under this ,Aot from perform$ng duties **aa** prsscribed by this Act In the honieof a castomer in cams of emergency whensent **by** a shop 

### owner.o .,a Webelieve that the above provision tends to strengthen as in our conclusion since the Legislataro provided that in cases ot.mergencies a~personwho9s a licensed beauty 

### operatoruy’$ertonn all the duties prescribed **by** this **&O%**in **the** homeof 

### anyoustomer when sent by a sho However, the person pertormbg such serdoes must **be a**  duly lfoensea opsrator and sent by a 

### shopowner0.

MrsaElla MaeMurphy, page 3 (V-669)

TheState Boar6 ot~cosmetology is net authorized to issud’~~~licen&e to. operate a beauty shop where such shop does not have 8 permanent and definite location. Yours **very truly,**  ATTORNEY

GENERAL

OFTEXAS

By &n&Assistant

.

FIRSTASSISTANT ATTOFtNEY

GENERAL BA:bh:jrb